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ARTICLE · 10 APRIL 2023

Product Liability Rules Under Reform In The EU

Castrén & Snellman
Castrén & Snellman
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Castrén & Snellman

Castrén & Snellman

Castrén & Snellman is a law firm of 300 people based in Helsinki, Finland. In other parts of the...

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The EU's relatively old Product Liability Directive (85/374/EEC), adopted already in 1985, has been under the review of the European Commission in recent years.

FinlandConsumer Protection

The EU's relatively old Product Liability Directive (85/374/EEC), adopted already in 1985, has been under the review of the European Commission in recent years.

In its current form, the Product Liability Directive establishes strict, i.e., no-fault, liability of the producer for a damage caused to a natural person and to a property used mainly for private purposes, which is caused by insufficient safety of the producer's 'products', i.e., mainly movable objects and electricity. In Finland, the Product Liability Directive was implemented with the Finnish Product Liability Act (694/1990, as amended).

In 2018, the European Commission evaluated the Product Liability Directive and concluded that, despite the passing of time, it has remained mainly efficient and relevant, but that it also has some shortcomings. Among other things, the identified shortcomings were related to the current Product Liability Directive not adequately addressing the challenges posed by

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